Nearly two dozen Onancock residents, including two former mayors and a former town council member, weighed in Monday on whether the town should repay part of the $89,000 Accomack County apparently overpaid the town for sewage treatment.

The Town Council after hearing the comments voted 4-2 to repay half the amount — Maphis Oswald and Joy Marino voted against the motion.

The vote included the provision that the repayment agreement is contingent upon the county’s agreeing to revisit the sewer contract “in a timely manner.”

Accomack County officials are set to vote on the negotiated agreement at their monthly meeting Wednesday.

The county is the town's largest sewer customer, last year paying $399,000 for sewer treatment.

The public comments came during the Dec. 17 Onancock Town Council meeting.

Two council members, Bob Bloxom and Josh Bundick, met with Accomack County Administrator Michael Mason and Board of Supervisors Chairman Robert Crockett about the payment discrepancies over a 14-month period — ultimately coming up with the idea of repaying half the amount, or $44,472.

The repayment, according to the council vote, is to take place in the form of a credit in equal payments over 22 months.

Onancock and Accomack County entered into a sewage treatment agreement in 1979, and a new agreement was entered into in 2015.

A new sewer meter to measure Accomack's flows into the town system has been installed since the problem was found, according to a statement of facts that Mayor Fletcher Fosque read aloud at the meeting.

One problem was Riverside Shore Memorial Hospital had recently come online with the sewer line at the time the problems happened, Fosque said.

"So there was a little bit of concern of, was that the hospital, or what was going on? The numbers were just bouncing all over the place — it was clearly a meter malfunction," Fosque said, adding since the new meter was installed, the numbers are back to normal.

The county bills 30 commercial customers on its sewer line, with the meter installed at the entrance to the Onancock corporate limits.

The county owns the sewer lines and the main meter, but the town reads the meter monthly. Accomack is responsible for maintenance of the sewer lines and the main meter, up to the point where the county line connects to the town line.

The county says the meter was being calibrated annually by an approved service provider, according to the statement of facts.

Some speakers and council members asked why it took the county so long to report the discrepancies, or said the town should not repay the money, while others said the town and county are in a business partnership and the long view of the relationship should be taken — especially in view of recent talk of a regional sewer system which could be a boon to the town, depending on how things turn out.

Oswald also wanted to know if the county was given the same adjustment policy as the town's other sewer customers — to report discrepancies within 10 days.

"If there was an issue, why did it take so long for them to do anything about it?" she said.

The town advised the county of a large jump in the amount of flows reported through the meter, according to Fosque.

He said other customers have been given leeway from the adjustment policy in the past.

Bloxom said the town collected around $89,000 "that we probably were not entitled to collect — and in this negotiation, they are not asking us to give back 100 percent of that amount, but rather 50 percent of it."

Haydon Rochester was among those who said the contract between the town and Accomack needs to be renegotiated, with something added about what should be done if something similar happens in the future.

"This should be a routine matter," not the subject of negotiations, he said.

Bloxom agreed that the contract is "very poorly written."

Resident Alan Silverman noted that the contract allows either party to terminate the agreement for any cause with a 30-month warning — which Councilman Bundick pointed out is long enough for the county to build its own plant.

Former mayor Russell Jones agreed with Bloxom about the contract and with Johnsen about working with the county on the larger, regional sewer project, but said, "However, this is a different issue. The last time the county owed us money for a fine, we gave in, $68,000, because of their promise to sign the contract in a hurry and it would be advantageous to the town."

The meter in question was county property and county responsibility, he said.

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Former Mayor Russell Jones speaks during a pubic comment period at the town council meeting in Onancock, Virginia on Monday, Dec. 17, 2018.(Photo: Staff photo by Carol Vaughn)

"I don't think we owe them any money, and I think it would be a breach of fiduciary responsibility for this council to give them that money," Jones said, noting the county applies "an extensive markup" on its cost for sewer service to its customers.

Another former mayor, Shirley Zamora, also said the error was the county's responsibility.

"While we may want an amicable relationship with them, it's their error ... I am disturbed by the length of time it took for them to discover this error," she said.

Zamora also said she is "absolutely appalled" at information that items that should not have been were put into the sewer system at the hospital, which some said could have affected readings.

Others spoke in favor of the agreement, with several citing future partnership opportunities with the county.

“There’s more sewage out there and I want to get it … We want Accomack to be our partners,” said Eric Dodge.

“This is a business contract,” said Steve Johnsen, adding, “…We need the economic income that comes with additional capacity.”

He noted the town’s plant has a capacity of 750,000 gallons — much more than it currently processes.

He urged the council to vote in favor of the half repayment agreement, saying if the matter goes to litigation, “nobody wins but the attorneys.”

Johnsen chairs the Eastern Shore Sanitary Transmission Main Force Line Study Committee — related to a $109,000 study, now going on, of the feasibility of a regional sewer line running between Nassawadox and Onancock.

“There’s probably about 250,000 to 300,000 gallons that we could bring in if we could get a main force transmission line,” he said.

The study by Hampton Roads Sanitation District started Nov. 6 and is expected to be completed by April, followed by a public comment period.

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Onancock resident Steve Johnsen speaks during a public comment period a the Town Council meeting in Onancock, Virginia on Monday, Dec. 17, 2018.(Photo: Staff photo by Carol Vaughn)

Fosque said the Hampton Roads district is contributing $60,000 to the study.

“If we want to expand and grow effectively, we need to have this line,” Johnsen said, adding, “…We have an opportunity to bring more sewage into town, which means ultimately, if we are effective in managing the sewage, more dollars to be able to meet the bond obligations that we have.”

The concept of the sewer line originated in April, when Rep. Scott Taylor held a meeting of the Eastern Shore’s mayors and asked what were their priority projects for federal funding.

Calling Accomack County “our major customer,” Johnsen said of the repayment agreement, “We need to find a way to make this thing happen.”

Former councilman Duke Shannahan said a Public Service Authority is the answer to the Shore’s sewer problem, and said of the repayment proposal, “Regardless of what the final monetary outcome is, I think the most important result should be a negotiated settlement that fosters good will and friendly relationships between our two governments.”

“The new PSA should be allowed to own both the new pressurized main line plus our town sewer plant by taking over all of our debt and managing the entire system, which might ultimately include all of the Shore,” he said.

Resident Frank Hall agreed that a public authority is a good idea.

“What we are doing is beyond the scope of town management,” he said.

Resident Kitty Croke said the town over billed the county.

“Think what our bills are going to be if we lose that $399,000,” she said of the amount Accomack paid last year for sewer treatment.

Adam James also urged the council to vote for the agreement, calling it “a sound business decision.”

“This is your certain time, right now, to prove how strong of a partnership we can have with Accomack County, and more importantly, future partnerships,” he said, adding, “Everybody needs to see that the town of Onancock is a strong business operator, but at the end of the day, you are also fair.”